McCarthy v Kiama Municipal Council [2023] NSWLEC 1492

Land and Environment Court New South Wales

Medium Neutral Citation: McCarthy v Kiama Municipal Council [2023] NSWLEC 1492 Hearing dates: Conciliation conference held on 23 August 2023 Date of orders: 30 August 2023 Decision date: 30 August 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application 10.2021.153.1, as amended, seeking secondary dwelling, swimming pool, access driveway, fencing, rainwater tank, associated landscaping works, minor external works to primary dwelling for ember protection, and the removal of one tree on Lot 172 Deposited Plan 1116158, also known as 290 Rose Valley Road, Rose Valley is determined by grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of a secondary dwelling – conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 197, ss 4.6, 4.14, 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Kiama Local Environmental Plan 2011, cll 2.3, 5.5, 6.2, 6.4, 6.5, 6.12 Land and Environment Court Act 1979, ss 34, 34AA Rural Fires Act 1997 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A, cll 2.1, 11.34 State Environmental Planning Policy (Primary Production and Rural Development) 2019, cl 10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Kiama Development Control Plan 2020 Category: Principal judgment Parties: Gregory Ian McCarthy (First Applicant) Rachel Leanne McCarthy (Second Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: M Seymour (Applicant) E Ryan (Solicitor) (Respondent)